Re S. (A Child) (Abduction: Rights of Custody) [2012] UKSC 10, [2012] 2 A.C. 257
The application concerned a child born on 13 November 2009 in Australia to an Australian father and a mother with dual British and Australian nationality. The parties were not married but had lived together between October 2008 and January 2011. Before meeting the mother, the father had been a heroin addict and between 2009 and […]
Cass Civ 1?re, 14 mars 2012, N? de pourvoi 11-17.011
The case concerned two children born in France in 2003 and 2004. In 2006, the family moved to Chile. The parents separated in April 2008. On 3 June 2010, the children travelled to France with their mother, who petitioned for divorce immediately on arrival. On 8 June 2010, the Santiago Court of Appeal upheld a […]
Central Authority for the Republic of South Africa, E, RC and M, A (11/39798; 2012/1096)
The proceedings concerned a child born in Australia in May 2007 to unmarried parents. The parents had met in 2000 in Kosovo where they were working as United Nations volunteers. Thereafter they led independent, peripatetic lives. After her birth, the child moved with the mother between Turkey, Australia and South Africa. Mother and child lived […]
Cass Civ 1?re, 29 f?vrier 2012, N? de pourvoi 11-15.613
Rights of Custody – Art. 3 The mother claimed among other pleas that a removal was wrongful if it occurred in breach of a right of custody granted by the law of the State of the child’s habitual residence immediately before its removal. But while the Court of Appeal had held that the child’s habitual […]
TV c. MB, Droit de la famille 1222, 2012 QCCA 21
The case concerned two children born in 2001 and 2005 to an American father and Canadian mother. The parents had cohabited for 10 years, until the father told the mother he had a mistress in June 2010. The parents’ versions of subsequent events differed. According to the father, he had asked the mother, who was […]
1Ob254/11a, Oberster Gerichtshof
The case concerned two children born in 2001 and 2003, living in Spain with their father since their parents’ divorce. After a period of exercise of the right of access in Austria, the mother failed to return the children to Spain. A few days before the end of the visit, the mother had applied to […]
X. v. Latvia (Application No 27853/09)
The application concerned a child born in Australia in February 2005 to a Latvian mother and an Australian father. The mother had met the father in early 2004 and moved into his flat at the end of the year when she was in a late stage of pregnancy. The relationship between the parties deteriorated. The […]
Supreme Court of Greece (?????? ?????), decision 1857, 16 December 2011
The proceedings related to a child born in Germany in 2001 to Greek parents. The parents were married and shared parental responsibility under both German and Greek law. The marriage was characterized by incidents of domestic abuse. In 2007, the mother left Germany with the child in order to visit her sick grandmother. When she […]
A, Petitioner [2011] CSOH 215
The application concerned two children, a boy aged eleven and a girl aged five, born to a Scottish mother and a Spanish father. The elder child was born in the United States of America, the younger child in Scotland. The family were habitually resident in Spain and lived together in an apartment. The parents were […]
Re J (Abduction: Children’s Objections) [2011] EWCA Civ 1448, [2012] 1 F.L.R. 457
The proceedings related to children born in Poland in 1996, 1998 and 2001. The Polish parents had married in April 1996 and separated in August 2005. In subsequent proceedings, the Court in Zamosc, Poland awarded custody to the father and contact to the mother. Thereafter the mother relocated to the United Kingdom. In September 2010, […]